Terms of Use of This Website

1 Introduction

Before you purchase anything from this site, carefully read the terms of this agreement. By using the services you are consenting to be bound by the terms. If you do not agree to all of the terms of this agreement, then you should (click on the 'Do Not Accept' button and) cease to use the services.

1.1 In this agreement:
Approved Outlets - the pubs or licensed premises approved by us from time to time to participate in the Services;
Charges - the charges inclusive of all VAT and commission payable by you in respect of the Order;
Goods - the food and/or beverage (including alcohol) ordered by you pursuant to the Order;
Us, we - our Philip Gene t/a Got1In, Lower Street, Dartmouth, Devon;
Order - an order placed via the Web Site for the Recipient to receive Goods at an Approved Outlet;
Provider - the secure online organisation used by us to process the Charges;
Recipient - the individual recipient to which the Order relates;
Services - the online drinks ordering service available for Approved Outlets;
Specified date - the date (if any) specified on the Order for collection of the Goods or in the absence of such then a date being no longer than (3) months from when the Order is placed;
Terms - these terms and conditions;
Web Site - this web site used for providing the Services;
You, your - the person or organisation placing the Order via the Web Site.

2 Your rights
2.1 If you have any concern or query about your Order, the Goods or the Services then please write or send an e-mail to: sales@got1in.com
2.2 In consideration of you paying the Charges we will forward you Order to the applicable Approved Supplier who will then be responsible for complying with that Order.
2.3 The Charges are inclusive of all applicable sales tax (including any VAT) and commission owing to us and/or the Provider and/or the Approved Supplier in respect of the Order.
2.4 Subject to clause 2.5 and clause 2.6, the recipient shall be entitled to (collect) the Goods (on specified date).
2.5 In the event that the Recipient fails (for whatever reason) to collect the Goods on the specified date then we and/or the Approved Supplier shall be entitled to refuse to carry out the Order (in while or part).
2.6 Neither we or the Approved Supplier give any guarantee or warranty that the Goods will be available when the Recipient visits the Premises to collect the same. In the event that the Goods are not available on the applicable date then the Approved Supplier shall be entitled to provide the Recipient with products of a similar nature and price to the Goods.

3 Your obligations
3.1 You acknowledge and accept that:
a. we may refuse (at any time and at our absolute discretion) any Order submitted by you;
b. you must not use this Web Site for any other purpose otherwise than as permitted pursuant to these Terms;
c. it is your responsibility to ensure that your Order is accurate;
d. we give no guarantee that the Goods will be available for collection when the Recipient attends or contacts the Approved Outlet;
e. we give no guarantee or warranty that the Approved Outlet or the Goods will or are of satisfactory quality or fit for any particular purpose;
f. you must not submit any message or use the Web Site in any way or manner which is or could be construed as illegal, immoral, defamatory, racist or obscene;
g. whilst we will take all reasonable steps to process your Order in an efficient and timely manner we shall not be liable of any delay and/or failure by us to process the Order;
h. the Order is subject to any licensing or other legislation restrictions imposed by or on the Approved Supplier including without limit any licensing restrictions and/or legislation relating to the acquisition and/or supply of alcohol to specific age groups imposed by or on the Approved Supplier;
I. Once you have placed the Order we will forthwith commence the Services and and refunds will given only at the discretion of Got1in.
3.2 You warrant that:
a. you and the Recipient are 18 or over;
b. the Order is not malicious nor is it designed to cause offence, distress or provocation;
c. you are the legitimate holder of any credit or debit card used to process the Charges applicable to the Order;
d. the Recipient will not object to his information being used by us and the Approved Supplier to notify him/her of the Order and to carry out the Services.

4 Indemnity and Waiver
You agree to indemnify and keep us from and against any and all liability, damages, losses, claims (including reasonable legal fees) resulting in any way from your use of the Website and/or your breach of these Terms.

5 Exclusion of Warranties and Liability
5.1 We do not warrant the content, accuracy or veracity of any material or other information on the Web Site including without limit the Goods.
5.2 You accept the Web Site 'AS IS' with any faulty or failings and without any representation, warranty or guarantee whatsoever, express or implied, including without limitation any implied warranty of accuracy, completeness, quality, satisfactory quality, fitness for a particular purpose or non-infringement.
5.3 In no event will we be liable for any injury, loss, claim, damages or any special, incidental, consequential, exemplary or flagrancy damages of any kind arising out of or in connection with your access to, or use of the Web Site and/or the Services, or your reliance on any material contained or available from them, whether based in contract, tort and whether negligent or otherwise, even if any we have been advised of the possibility of such damages. In the event that this exclusion of liability is held by a court of competent jurisdiction to be unlawful, but that liability may be lawfully limited, our aggregate total liability to you for all such damages and losses shall be limited to the amount paid by you in respect of the Order giving rise to the claim or in the absence of such amount then £10.
5.4 All vouchers will expire 28 days from date of issue.

6 General
6.1 These Terms contains the entire agreement and understanding between you and us with respect to its subject matters and supersede any previous agreement between you and us.
6.2 All headings are for ease of reference only and shall not affect the construction of these Terms.
6.3 Any reference in these Terms to any provision of any Act or statutory instrument shall be deemed to include a reference to any statutory modification or re-enactment of that provision for the time being in force.
6.4 Any provision of these Terms which is may be illegal, void or unenforceable shall to the extent of such illegality, invalidity or unenforceability be deemed severable and shall not affect any other provision these Terms.
6.5 No waiver or forbearance by us (whether express or implied) in enforcing any of its rights under these Terms shall prejudice our right to do so in the future. Any waiver by us of any breach of, or any default under any provision of these Terms by you will not be deemed a waiver of any subsequent breach or default and will in no way affect the other term of these terms.
6.6 We shall not be liable to you or be deemed to be in breach of these Terms by reason of any matters arising outside of its reasonable control including, without limitation, acts of God, government actions, war or national emergency, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes, or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials.
6.7 No person who is not a party to these Terms has any rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce or obtain the benefit of any of its provisions.
6.8 These Terms will be construed in accordance with the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English Courts.